2001-2013414637
DOC # 2001 - 0201341
Recording Requested by: ) Apt'- 04a 2001 1-0:24 AM
Leucadia County Water District )
OFFICIAi RECORDS
When Recorded, Mail to ) SAN DIEGO COWN RECORDEf 'S OFFICE
District Engineer } GREGORY �StiITM, CM
11,0 RECORDER
�i Leucadia County Water District ) (C: NR
{a/ 1960 La Costa Avenue }
For the benefits 90 f he District ) SPACE AB( I�IIII�III��IIIIIIIIIII; IIIIIIIIIIIII�IIIIIIIIIIIIIIIIII�IIIII
`(U
QRANT OF NON -EXCT oUSIVE SEWER EASEMENT
(400) Royce Development
Assessor's Parcel Project
No. .25A- 325 -18 W.O. No. 5
Z- 5 W F,16T CL G its successors and assigns, ( "GRANTOR ") hereby grants
to the LEUCADIA COUNTY WATER DISTRICT, a governmental entity and its successors and
assigns, ( "GRANTEE "), a perpetual nonexclusive easement and right -of -way upon, in, across, over,
and under the lands described below, to erect, install, construct, repair, replace, and maintain sewer
pipeline(s) and/or mains, manholes, sewer lateral pipelines, and all structures and appurtenances
incidental thereto, (hereinafter "pipeline(s) and related facilities"), above and below ground, at such
location(s) within the easement as GRANTEE may from time to time determine.
Said easement is located in the City of Encinitas, County of San Diego, State of California,
and is more particularly described on Exhibits A and B attached hereto and incorporated herein by
this reference.
GRANTOR shall cause said pipeline(s) and related facilities to be: designed, reviewed, and
approved by the LCWD District Engineer and constructed by GRANTOR under a LCWD
development agreement with inspection and fatal acceptance by LCWD. Within a reasonable time
following acceptance of installation of said pipeline(s) and related facilities, GRANTOR shall
complete LCWD approved surface improvements at GRANTOR's sole expense. Thereafter,
GRANTOR shall maintain said surface improvements in good condition at all times and GRANTEE
shall maintain said pipeline(s) and related facilities in good condition at all times.
GRANTOR grants the right of ingress and egress to GRANTEE to and from said easement
by reasonable routes to carry out he purposes of this easement, together with the right to use the
easement for GRANTEE's access to adjacent property. GRANTOR reserves to itself, and its
successors and assigns, the right of ingress and egress across the easement surface at all times except
during construction, repair, or maintenance of the pipeline(s) and related facilities. GRANTOR
additionally reserves to itself, and its successors and assigns the right to erect and maintain gate(s)
Non - Exclusive Sewer Easement Page 1
4638
within or to
the easement as long as
GRANTEE is provided
with a key
at all times to said gate(s),
if locked.
GRANTOR shall keep the easement graded flat and unobstructed at all tunes, and shall not
plant any landscaping (including trees), or construct any structures or improvements (including
paving) within the easement without the prior written consent of GRANTEE. GRANTOR will be
responsible for all such landscaping or improvements (including paving) consented to by GRANTEE
within the easement and GRANTEE will not be liable for any damage thereto.
Notwithstanding any consent granted by GRANTEE, GRANTEE shall have the right, upon
reasonable notice, to remove any such landscaping or other improvements, including paving, as
necessary for maintenance or repair purposes, or which interfere with GRANTEE's ability to
otherwise exercise its rights under this easement, provided that GRANTEE shall repair and/or
replace any paving removed or damaged by resurfacing the immediate area as near as practicable
to its preexisting condition, all at GRANTOR's sole expense. Further notwithstanding any consent
granted, GRANTEE shall have the right, at its sole expense, to permanently trim or permanently
remove any landscaping or other improvement within the easement that unreasonably interferes with
GRANTEE's ongoing exercise of its easement rights and GRANTOR waives any right to
compensation with respect to any such permanent removal.
For routine construction, repair, and maintenance of GRANTEE's improvements within the
easement, GRANTEE shall provide GRANTOR 48 hours notice in writing or by telephone prior to
initiating work. GRANTEE shall not be obli gated to provide GRANTOR with notice in the event
of an emergency involving GRANTEE's facilities where the emergency precludes, as a practical
matter, the giving of prior notice.
The easement conveyed by this grant is not exclusive and GRANTOR reserves the right to
grant easement rights to others or to dedicate the land subject to the easement to a public agency,
provided that GRANTOR shall not have the right to convey rights to any other party to make a use
in the easement that interferes with, restricts, or conflicts with the rights granted to GRANTEE
hereby. GRANTOR shall notify GRANTEE within a reasonable time prior to the granting of any
future easement or use within the easement, and allow GRAN'T'EE the opportunity to review any
such grant or use in order that GRANTEE is reasonably assured that its rights herein will not be
interfered with or restricted in any way whatsoever.
All terms and conditions of this easement shall be binding upon the parties, their successors
and assigns. The benefits and burdens herein are intended, and shall, run with the land. In the event
of litigation to interpret or enforce the terms and provisions of this easement, the prevailing party
shall be entitled to recover reasonable attorneys fees, expert fees, including engineering fees, and
investigative fees, in addition to costs. This easement represents the entire agreement between the
parties and shall not be modified except by a written instrument signed by the parties and recorded.
Non - Exclusive Sewer Easement Page 2
4639
GRANTOR expressly warrants and represents that it has the power to grant this easement in
accordance with its terms.
IN WITNESS WHEREOF, GRANTOR executed this Easement on this ►4 day of
LxAtIk. oo
I -5 West L.L.C.
GRANTOR
STATE OF CALIFORNIA
ss.
Steve Royce.- ember Pat 8o hh&y - Member
COUNTY OF SAN DIEGO )
On �rxh c 7Ni�oo(, before me,Uu imAd s uytafdQere insert the name and title of the officer),
personally appeared Stevc Rot",tn,i On_ t'Dot,e, her, +J , r proved to me
ott the basis of satisfactory evidence) to be the persons) whose name(s)-is/are subscribed to the
within instrument and acknowledged to me thal4w/she/they executed the same in his/heritheir
authorized capacity(ies), and that by hi0ierftheir signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. VIRGINIACRUZ•DEANE
COMM. #5287687 n
��� (•� , G�ju�t� y - NOTARY PUBUGCAUR)RNIA Vl
SAN DIEGO COUNTY
NO pl! liC My commission Ex fires
i
DECEMBER 21
CERTIFICATE OF ACCEPTANCF,
3 / i g'/' is to certify that the interest in real property conveyed by the Deed or Grant dated
from I -5 west LLC to Leucadia County Water
District, a political corporation and/or governmental agency, is hereby accepted by order of the
Board of Directors of Leucadia County Water District on 3 119101 (or by the undersigned
officer or agent on behalf of the Board of Directors of Leucadia County Water District pursuant to
authority conferred by Resolution No. 410 of the Board of Directors of Leucadia County Water
District adopted on December 14, 1972), and the Grantee consents to recordation thereof by its duly
authorized officer.
DATED: 3/19/01
A' �-�m e�'
SECRETARY -iM ANAGER
LEUCADIA COUNTY WATER DISTRICT
Non - Exclusive Sewer Easement Page 3
4640
EXHIBIT "A"
SEWER EASEMENT
A PORTION OF LOT 20, BLOCK 4, SOUTH COAST PARK, ACCORDING TO MAP
THEREOF NO. 17769 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON SAN DIEGO COUNTY ON JANUARY 111 1924, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTHERLY 20.00 FEET OF SAID LOT "0
CONTAINING 4500 SQUARE FEET, MORE OR LESS.
STEP EN R. H WXHURST LS 7355
4641
EXHIBIT "B"
LZ
L
w 1
1r
lV
1 �{
111.
Uy� �Nq`�� ®INDICATES SEWER EASEMENT
G �
N0,7365 9
CONSTRUCTION TESTING & ENGINEERING, INC
of c ROYCE PROPERTY 10 -4096
SEWER EASEMENT t'= 50'
HYGEIA AVENUE
ENCINITAS, CALIFORNIA S 112 101 t OF t